Rule 12 General rules for probate practice
Baldwin's Kentucky Revised Statutes Annotated19th Judicial District - Fleming, Bracken and Mason District Courts
KY BFMDC Rule 12
Rule 12 General rules for probate practice
The District Judge will normally hear probate cases in his chambers or in the courtroom (to be recorded unless a waiver of recording is filed) between 8:30 and 9:00 a.m. on all motion days. Attorneys and parties wishing to present their petitions at alternate times should contact the clerk's office.
An initial petition for appointment of a fiduciary, probate of a Will, or similar initial proceeding shall be filed in the District Clerk's office at least one day prior to the requested appointment date--if a simple probate with no extenuating circumstances. If the action is expected to require recording on the official audio/video record, either in the courtroom, or in private chambers, parties should contact the clerk's office and file the petition at least three days in advance of the proposed appointment (at the Court's discretion, advance filing with the clerk may be waived, and filing will occur immediately after the petition is presented). An appropriate case number shall be assigned by the Clerk, and all required fees paid, including a check made payable to the County Clerk for recording the Will and Order admitting same to probate if a Will is involved. There shall be filed with the petition, where appropriate, a completed fiduciary bond form and qualifications for the proposed personal representative.
Where appropriate, the documents to be presented to the court at the initial hearing for its review, findings, and approval, shall include the following:
All pleadings and other papers shall be presented to the court at the scheduled hearing date and shall be in writing, typewritten in black ink, with typeface no smaller than 12 points, pursuant to CR 7.02. The name, address and phone number of both the attorney for the Estate and the personal representative of the Estate shall be included on all pleadings submitted for filing. Uniform state-wide forms shall be modified to reflect the appropriate Court title (Bracken, Fleming or Mason District Court). Where appropriate, an Order shall be presented with a Motion or a Petition.
All pleadings shall contain the authorship thereof in accordance with Civil Rule 11, except that a natural person who has an interest in an Estate, either as beneficiary or personal representative, may present such papers even though he or she is not an attorney at law; however, such person shall sign his/her pleadings, motions or other papers and state his/her address, pursuant to CR 11.
Wills that are duly proven and admitted to probate in accordance with law, together with the Order admitting the Will to probate, shall be recorded with the County Clerk's Office. The petitioner or his/her attorney shall be responsible for the recording of the Will and Order, and the fees to the County Clerk if a Will is admitted to probate. Wills that are not proven shall not be admitted to probate and these Wills shall be retained in the Court's record for filing purposes only.
There shall be filed with the Petition a completed fiduciary bond form. In exercising its discretion under KRS 395.130(1), the District Court adopts the following guidelines:
A motion to increase bond should be made whenever it is learned that the previous bond is inadequate. A motion to reduce the bond of a fiduciary may be made any time alter a periodic settlement has been filed showing a reduction in the assets remaining in the hands of a fiduciary.
A personal representative shall file an inventory in duplicate with the Clerk within two (2) months from the time of qualifying as said personal representative.
B. All disbursements shall be supported by the original vouchers, receipts or cancelled checks filed with the settlement and presented in the order shown on the settlement. As many vouchers, receipts, etc., as possible shall be affixed to a single page so that the volume (girth) of these items may be kept to a minimum in the case file, (formal settlements only)
D. Once the settlement is received by the judge and approved to layover for exceptions for thirty (30) days, the judge will forward same to the clerk for advertisement. The settlement and advertising fees must be received by the clerk at least seven (7) days prior to the monthly advertisement date to be included in that month's advertisement of settlements. Parties should contact the clerk for the amount of the advertising fee, and the monthly date of advertisement. (formal settlements only)
Credits
HISTORY: Amended effective January 10, 2016. Adopted effective January 17, 2014.
Bracken, Fleming and Mason District Court Rule 12, KY R BRACKEN DIS CT Rule 12
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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